WSR 13-20-113
[Filed October 1, 2013, 1:23 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-15-023.
Title of Rule and Other Identifying Information: Amending WAC 192-310-100 to require boat owners to notify their employees they are not covered by unemployment insurance under certain conditions.
Hearing Location(s): Employment Security Department, Maple Leaf Conference Room, 212 Maple Park, Olympia, WA, on November 14, 2013, at 10:15 a.m.
Date of Intended Adoption: November 18, 2013.
Submit Written Comments to: Pamela Ames, P.O. Box 9046, Olympia, WA 98507-9046, e-mail, fax (360) 902-9799, by November 13, 2013.
Assistance for Persons with Disabilities: Contact Kintu Nnambi by November 13, 2013, TTY (800) 833-6384 or (360) 725-9454.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: State law was amended to exempt some employment on small fishing vessels from unemployment insurance coverage. The purpose of the proposed rule is to provide these employees with notice of noncoverage.
Reasons Supporting Proposal: To provide employees of small fishing vessels that, under specific conditions, they will not be able to use their earnings from that job for an unemployment claim.
Statutory Authority for Adoption: RCW 50.12.010 and 50.12.040.
Statute Being Implemented: Chapter 75, Laws of 2013.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Employment security department, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Juanita Myers, 212 Maple Park, Olympia, (360) 902-9665; and Enforcement: Neil Gorrell, 212 Maple Park, Olympia, (360) 902-9303.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule does not establish a penalty for employers who do not provide notice.
A cost-benefit analysis is not required under RCW 34.05.328. The rule establishes a requirement that does not subject an employer to a sanction or penalty and does not meet the definition of significant legislative rules under RCW 34.05.328.
October 1, 2013
Nan Thomas
Deputy Commissioner
AMENDATORY SECTION (Amending WSR 07-23-127, filed 11/21/07, effective 1/1/08)
WAC 192-310-100 What notices does the department require or recommend employers to post?
(Relating to RCW 50.20.140, 50.12.290, ((and)) 50.44.045, 50.24.160, and 50.04.170.)
(1) Employers who are responsible for unemployment insurance coverage of their employees must post and maintain printed notices to individuals who are employed by the employer. The notices provide information to individuals who may be unemployed about how to apply for benefits. The notices are to be posted in conspicuous places close to the actual location where the personal services are performed.
(2) The department will provide required notices to employers without charge. The department will send required notices to employers when they file a master application for a business license registering for unemployment insurance. The department will send updated notices to employers when there are substantive changes in the information.
(3) The department may also make recommendations of additional materials to post.
(4) A church, a convention or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or a convention or association of churches shall display in a conspicuous place a poster giving notice that its employees are not considered in employment for purposes of unemployment insurance. The department shall make these posters available without charge.
(5)(a) The owner of a boat with an operating crew normally made up of fewer than ten individuals engaged in the catching of fish or other forms of aquatic animal life must provide the individual members of the operating crew written notice, or post such notice in a conspicuous place, that states these individuals are not covered for unemployment insurance purposes unless the owner chooses to voluntarily cover them, when the operating crew receives no remuneration other than the following:
(i) A share of the boat's catch (or the catch of multiple boats if the fishing operation involves more than one boat); or
(ii) A share of the proceeds from the sale of the catch.
(b) The amount of the individual's share must depend on the amount of the boat or boats' catch.
(c) A notice that meets these requirements is available without charge on the department's web site.